Appeal Rejected: No Evidence to Support Assault Claims in Land Dispute.
20 December 2024
Acquittal >> Criminal Law | Criminal Appeals & Suspension of Sentence >> Criminal Law | Evidence >> Criminal Law | Property Law >> Personal Law
The appeal of The State of Maharashtra vs Swenjita Sanjeet Goraksha & Another, challenges the acquittal of two accused persons, a husband and wife, by the Judicial Magistrate First Class, Dahanu, in a case where they were charged under Sections 324, 504, 506, read with Section 34 of the Indian Penal Code (IPC) for allegedly assaulting the complainant. The incident occurred on 17.05.2000 during a dispute related to a civil case over land ownership. The complainant claimed that the accused hurled insults, made threats, and caused him physical harm, including being bitten by the wife (Accused No. 1) and struck with a stone by the husband (Accused No. 2).
Despite six prosecution witnesses being presented, including the complainant, the trial court found the witnesses to be unreliable, particularly because of multiple inconsistencies in their testimonies. Key evidence such as the weapon (stone) was not recovered, and the witnesses failed to provide specific details of the alleged threats and insults. Additionally, the evidence suggested that the altercation was linked to a civil dispute regarding property, with both accused having an injunction order in their favor.
The trial court concluded that the prosecution failed to prove its case beyond reasonable doubt, and the defense successfully cast doubt on the credibility of the key witnesses. The appeal court found no reason to interfere with the well-reasoned decision of the trial court and dismissed the appeal, upholding the acquittal. The appointed advocate for the private respondent was directed to receive payment from the Legal Aid Services Committee as per the rules.
Section 34., Indian Penal Code - 1860
Section 324., Indian Penal Code - 1860
Section 504., Indian Penal Code - 1860
Section 506., Indian Penal Code - 1860